PROPERTY LAW

South African property law regulates the “rights of people in or over certain objects or things.”

It is concerned, in other words, with a person’s ability to undertake certain actions with certain kinds of objects in accordance with South African law.

Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual (and sometimes group) rights with respect to property, and the control of proprietary relationships between persons (both natural and juristic), as well as their rights and obligations.

The protective clause for property rights in the Constitution of South Africa stipulates those proprietary relationships which qualify for constitutional protection.

The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of and trade in private property have been on the rise.

Property law straddles private and public law, and hence “covers not only private law relations in respect of particular types of legal objects that are corporeal or incorporeal, but also public law relations with a proprietary character, and the resultant rights and interests. ” Property in the private-law sense refers to patrimonial assets: those, that is, which comprise a person’s estate.

The law of property defines and classifies proprietary rights (for instance, as either real or personal), and determines the methods whereby they are acquired, lost and protected, as well as the consequences of their exercise and the limitations imposed by factual proprietary relationships which do not qualify as rights.

The Law of Property provides a detailed exposition of the basic principles of property law and a comprehensive overview of property law in South Africa. It is a useful source of information on important areas of specialisation within the field of property law, eg sectional titles and alternatives to conventional landownership, land reform, mineral and petroleum resources and water law, as well as constitutional property law.

TMN Kgomo & Asssociates Incorporated’s growth proves our commitment to service whilst constantly keeping in mind that the buying and selling of a house is a very personal and serious matter. For most people their house is their biggest asset and they should be very wary when appointing a team to act in their interest. When selling or buying immovable property, you need a professional person to assist you in making the transfer process as easy and hassle free as possible.

During the entire transfer process TMN Kgomo & Asssociates Incorporated will keep in contact with all the parties involved and will provide regular updates through our unique updating system which allows all parties to have access to updated progress reports and this helps the parties to understand the process and to see what process will follow or what will be required next.